News + Press

March 26, 2013

March 19, 2013

Welcome to the South Carolina Bar's E-Blast!March 26, 2013E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.Member Discounts
Wouldn't it be nice to receive discounts on the products and services you use regularly, both personally and professionally? We do that! S.C. Bar members are eligible for discounts on car rentals, auto insurance, answering services, computer training, conferencing services, overnight delivery services and much more! Visit www.scbar.org/benefits for a complete list and descriptions of discounts offered to you through your Bar membership.

Circuit court arbitration and mediation and family court mediationEffective with cases filed in circuit court and family court on or after June 1, 2013, the First, Second, Seventh and Ninth circuits and Georgetown, Marion, Kershaw and Darlington counties join the counties previously designated by the Court for mandatory ADR. Additionally, in Oconee and Pickens counties, cases filed in circuit court on or after June 1, 2013, are subject to mandatory ADR. View the complete order online.

YLD members: You're invited!
Join fellow YLD members as they compete against USC School of Law Student Bar Association members in the second annual YLD/SBA Pig Cook-Off on April 5! The event will take place at the University House beginning at 5:30 p.m. Dinner and drinks will be provided, and there is no charge for YLD members and a guest to attend. Registration is required; please RSVP to mcrouch@scbar.org by March 29.

Thank you from the S.C. Bar Foundation
The decorations have been put away and the band has played its last song, but it's not too late for you to be part of Gala 2013. More than 325 people celebrated the Nifty Fifty of the Bar, the S.C. Bar Pro Bono Lawyer of the Year, Jason S. Luck, and the Ellen Hines Smith Legal Services Lawyer of the Year, Kirby R. Mitchell. The evening saluted Martha B. Dicus and gave an opportunity to feature two heart-warming tales from our grantees. Words from Justice Kaye Hearn and the Hon. Alexander Sanders perfected the evening. If you did not get a chance to make your donation or attend the gala, you can still show your support by completing this form and returning it to the Bar Foundation. Thank you to everyone who made Gala 2013 a huge success. Photos of the event can be seen here. We will post the fundraising results in the coming week. See you next year!

PMAP–Your guide to …
Smartphone security tips. Smartphones have made it much easier for lawyers to run a mobile office, but having confidential client information on your phone carries additional security concerns. Make sure to spend time setting up and understanding the security features of your smartphone; for help, read this article from Sharon Nelson and John Simek. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 118 or e-mail scrawford@scbar.org.

Nominate your colleagues for the Young Lawyer of the Year AwardYLD is seeking nominations for the 2013 Young Lawyer of the Year Award, given annually to a young lawyer for his or her contributions to the community and/or the legal profession in South Carolina. Do you know someone who deserves to be recognized? Nominate by April 2!

Fundraiser for USC School of Law studentUSC School of Law is hosting All in For Alan, a fundraising event for second-year law student Alan Martinez, who was severely injured by a drunk driver last September. The event will take place April 4, 7:30-11:30 p.m., at 701 Whaley and will include a silent auction, live music, food and beverages. Tickets are $25 in advance at www.allinforalan.com or $30 at the door. For more information, contact allinforalan@gmail.com. In addition, Tin Roof has agreed to donate 20 percent of all lunch sales during the week of March 25; please consider stopping by to help this cause (1022 Senate St., Columbia 29201).

Legislative report
See what happened last week in the Weekly Legislative Report! Updates will be posted every Monday throughout the legislative session. For questions regarding pending legislation, contact Catherine Scarlett at cscarlett@scbar.org.

Advance Sheet updateMarch 20, 2013
In this action involving utility easements over Simmons’s property, the S.C. Court of Appeals affirmed in part, reversed in part and remanded. The court affirmed the master-in-equity’s grant of summary judgment in favor of Berkeley Electric on the basis that it was granted an express easement over the property and that it had established a prescriptive easement for the power lines. The court reversed the master’s finding that St. John’s Water had an express easement to cross the property and affirmed his determination that St. John’s Water established a prescriptive easement, but only as to the water main. Simmons v. Berkeley Electric Cooperative Inc., No. 5099, is available online.

On appeal, the appellants alleged the trial court erred by ordering estreatment of bonds when the State did not issue an estreatment notice within 90 days after the issuance of the bench warrants. Because none of the cases at bar involved a delay of three years or more, the court held the State’s estreatment actions did not violate Section 38-53-70 of the S.C. Code. The court found the issues of whether the trial court abused its discretion by failing to consider the factors in Ex parte Polk, 354 S.C. 8, 579 S.E.2d 329 (Ct. App. 2003), and whether the doctrine of laches prohibited the State from estreating the bonds unpreserved for appeal. However, if these issues were preserved, the court alternatively affirmed on the merits. State v. Policao, No. 5100, is available online.

The appellants contended the appellees lacked standing to assert the Statute of Elizabeth because the appellees were not subsequent creditors as contemplated by the statute at the time of the transfers of property. The court disagreed, stating a subsequent creditor may set aside a voluntary transfer if it was made with actual fraudulent intent on the part of the grantor to evade creditors. Accordingly, the court affirmed the special referee, finding clear and convincing evidence of the appellant’s intention that the conveyances be title-only transfers intended to confound or hinder creditors. The court reversed the award of attorney’s fees against the appellant, finding the award constituted an abuse of discretion. The court did not address the appellant’s argument that the referee lacked authority to reform deeds issued in partition actions filed after the conveyances were made because the issue was not preserved for appeal. Judy v. Judy, No. 5101, is available online.

The court held the Delinquent Tax Office failed to use the best address in providing notices to the Reepings. This failure constituted a violation of the statutory notice requirements and rendered the tax sale of their property void. The court found the master erred in finding the Reepings’ action barred by the statute of limitations since the failure to give proper notice rendered the tax sale void. Reeping v. JEBBCO, No. 5102, is available online.

Member resignations
By orders of March 25 the Court accepted the resignations from the Bar of Joanne B. Haelen and John T.S. Williams.

In memoriam
John Michael Smith, 76, of Barnwell died March 6. His obituary can be found here.